[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1365 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1365

  To provide increased foreign assistance for Cambodia under certain 
                 circumstances, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2003

   Mr. McConnell (for himself, Mr. Kyl, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To provide increased foreign assistance for Cambodia under certain 
                 circumstances, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cambodia Democracy and 
Accountability Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Government of Cambodia, led by Prime Minister Hun 
        Sen, has failed to provide for the welfare of the people of 
        Cambodia.
            (2) The Government of Cambodia, under the control of the 
        ruling Cambodian People's Party (CPP), has repeatedly abused 
        the human rights and dignity of the people of Cambodia by 
        suppressing freedom of assembly, belief, and speech.
            (3) According to the State Department's annual report on 
        human rights, there is no independent judiciary in Cambodia 
        despite constitutional guarantees, and courts are subject to 
        ``influence and interference'' by the CPP.
            (4) The United Nations, through Resolution 57/225, 
        expressed serious and grave concerns with the human rights 
        situation in Cambodia, including impunity for violations of 
        human rights.
            (5) According to the State Department's annual report on 
        human rights, security forces are nominally under the control 
        of civilian authority, ``but in practice answer to persons 
        within the CPP''.
            (6) Security forces in Cambodia are responsible for extra-
        judicial killings and torture, and are suspected of conducting 
        a terrorist attack against the Khmer Nation Party in March 
        1997, during which American democracy worker, Ron Abney, was 
        seriously injured.
            (7) According to the Department of State's ``Report to 
        Congress on the Anti-Thai Riots in Cambodia on January 29, 
        2003'', the Government of Cambodia bears responsibility for 
        riots against Thailand in Phnom Penh, and was ``incompetent in 
        handling the unfolding crisis'' that resulted in $50,000,000 in 
        damages to Thai public and private interests.
            (8) The Government of Cambodia exerts total control over 
        national and local election organizations, and restricts fair 
        and equal access to media to competing democratic political 
        parties.
            (9) Since 1993, the international community has repeatedly 
        failed to hold the Government of Cambodia, and in particular 
        Prime Minister Hun Sen, accountable for lawless and repressive 
        actions that undermines security, peace, and stability in 
        Cambodia.
            (10) The people of Cambodia deserve representative and 
        responsive government that promotes peace, development, and 
        prosperity.

SEC. 3. INCREASED FOREIGN ASSISTANCE FOR CAMBODIA.

    (a) In General.--Subject to the requirements of subsection (b), an 
additional $21,500,000 shall be made available for assistance for 
Cambodia above the fiscal year 2004 budget request of $43,000,000.
    (b) Certification Required.--Increased assistance for Cambodia 
under subsection (a) shall only be made available if the Secretary of 
State certifies and reports to the appropriate congressional committees 
that new leadership in Cambodia has been elected in free and fair 
elections, and that Prime Minister Hun Sen is no longer in power.

SEC. 4. RESTRICTIONS OR ASSISTANCE FOR A KHMER ROUGE TRIBUNAL.

    Assistance may be provided to support, directly or indirectly, a 
Khmer Rouge tribunal, trial, or other legal venue established by the 
Government of Cambodia with the assistance of the United Nations if the 
President determines and reports to the appropriate congressional 
committees that such tribunal, trial, or other legal venue--
            (1) is not subject to the control or influence of the 
        ruling Cambodian People's Party;
            (2) includes participation of judges of high moral 
        character;
            (3) is supported by democratic Cambodian political parties; 
        and
            (4) meets international standards of justice.

SEC. 5. RESUMPTION OF FBI INVESTIGATION.

    Not later than 90 days after the date of enactment of this Act, the 
Federal Bureau of Investigations shall resume its investigation into 
the March 1997, grenade attack in Cambodia, and shall report to the 
appropriate congressional committees on an ongoing and regular basis 
until such time as the investigation is completed.

SEC. 6. DEFINITION.

    For purposes of this Act, the term ``appropriate congressional 
committees'' means the Committees on Appropriations and Foreign 
Relations of the Senate and the Committees on Appropriations and 
International Relations of the House of Representatives.
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